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Bankruptcy Law/Questions
| Subject | Date Asked | Expert |
| ch7 | 1/12/2012 | Michael T. Hertz |
| Q: My wife filed ch7 and she was discharged, we had 2 cars (me & her on the contract) from a lender ... A: That's a tricky problem and may depend on the motion in question. If the motion was to value the ... | ||
| Bankruptcy ch 7 | 1/12/2012 | Terry Leeders |
| Q: My wife filed ch7 and she was discharged, we had 2 cars (me & her on the contract) from a lender ... A: Unfortunately, you will owe this. Redemptions (buying out the balance of the note for fair market ... | ||
| Co-Signer Obligations on Sallie Mae Private Student Loan | 1/11/2012 | Michael T. Hertz |
| Q: With regards to my Chapter 7 discharge question already asked in that more than likely the student ... A: There really is no further paperwork. The discharge you get or got in the Chapter 7 is no defense ... | ||
| Trustee/attorney fee question | 1/9/2012 | LEE HORNER |
| Q: The bk. judge 'stayed' all pending & future litigation in this Chap. 7 because I had filed a Notice ... A: Your appeal resulted in an ouster of jurisdiction at the bankruptcy court level except as to matters ... | ||
| Trustee/attorney fee question | 1/9/2012 | LEE HORNER |
| Q: The bk. judge 'stayed' all pending & future litigation in this Chap. 7 because I had filed a Notice ... A: Several issues. First interlocutory appeals are by "permission" of the appellate court so if you ... | ||
| Bankruptcy | 1/9/2012 | Bankruptcy Services |
| Q: In 2009 my wife and I had a bankruptcy discharged in the New Jersey courts. At the time of the ... A: There is no way that even Johnnie Cochrane (if he were alive) or Perry Mason (if he were real) could ... | ||
| Short Sale or Foreclosure after Bankruptcy? | 1/4/2012 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: I filed Chapter 7 in 2010; it was discharged April/2011. I kept my primary residence and let go of ... A: The basic rule is that a lender may report anything that is true. I checked with a very ... | ||
| Short Sale or Foreclosure after Bankruptcy? | 1/4/2012 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: I filed Chapter 7 in 2010; it was discharged April/2011. I kept my primary residence and let go of ... A: I tend to shy away from the idea of a "short sale" after a Bk is discharged. The reason is because ... | ||
| Community Debt in CA and Bankruptcy | 12/24/2011 | Michael T. Hertz |
| Q: In a blog of 06-09-10 ... A: Actually, since the trustee can use state fraudulent conveyance law, the statute of limitations in ... | ||
| Community Debt in CA and Bankruptcy | 12/23/2011 | Michael T. Hertz |
| Q: In a blog of 06-09-10 ... A: I have done no further research on that question. Furthermore, since you are in Nevada, the law of ... | ||
| Judgement discharged in BK but not released | 12/22/2011 | Mark J. Markus- California Bankruptcy Attorney |
| Q: I am trying to buy a house. I did BK in 2008 (or some around that time) anyway, I had a debt with ... A: If they recorded a judgment against your property before your bankruptcy case was filed, then you ... | ||
| Consequences of Bankruptcy | 12/19/2011 | Mark J. Markus- California Bankruptcy Attorney |
| Q: After being denied a debt consolidation loan, I talked to a financial adviser at my credit union ... A: You have received a lot of misinformation about bankruptcy. I will try to answer your questions. ... | ||
| Chapter 13 Second Mortgage Question | 12/17/2011 | LEE HORNER |
| Q: Horner. I live in California. I am unfortunately contemplating Chapter 13 bankruptcy and have a ... A: Is there a reason you're not doing a chapter 7? 13 won't get rid of the second because if there's ... | ||
| Bankruptcy for illegal aliens | 12/16/2011 | Bankruptcy Services |
| Q: I have $19K in credit card debt, unfortunately working part time only. Have a valid social ... A: Insofar as the bankruptcy is concerned, your immigration status is not going to make much ... | ||
| Change life ins. beneficiares during Ch. 13? | 12/14/2011 | Norma Duenas - California Bankruptcy Attorney |
| Q: My wife and I are in Chapter 13. She now has terminal cancer, and will likely die before the ... A: In my opinion changing the beneficiary on the life insurance policy is a transfer of an asset that ... | ||
| Filing Bankcruptcy outside US | 12/8/2011 | Mark J. Markus- California Bankruptcy Attorney |
| Q: We are living overseas for last six months, and planning to file bankcruptcy in the state of ... A: Yes, it is possible to do that, although it is certainly more complicated. As long as you meet the ... | ||
| Living Trust in South Carolina | 12/7/2011 | Bankruptcy Services |
| Q: My two brothers and I are beneficiaries to my parents living trust in South Carolina. I am ... A: There is no way that anyone can answer your question based solely on what you state in your ... | ||
| Stay Lifted | 12/5/2011 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: What can one do when the judge grants a lift to stay motion on real estate? I would like to appeal, ... A: Termination of the stay will ordinarily mean that the bankruptcy court is not protecting you from ... | ||
| Right of ownership regarding Chapter 7 | 12/4/2011 | Terry Leeders |
| Q: Terry, If I get a loan for a car from a bank then I file for bankruptcy before the loan is paid ... A: CAR: With a chapter 7 you have several options for financed vehicles. 1. Surrender the car, debt is ... | ||
| Right of ownership regarding Chapter 7 | 12/4/2011 | Bankruptcy Services |
| Q: Brian, If I get a loan for a car from a bank then I file for bankruptcy before the loan is paid ... A: If I get a loan for a car from a bank then I file for bankruptcy before the loan is paid off, the ... | ||
| Right of ownership regarding Chapter 7 | 12/4/2011 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: Leon, If I get a loan for a car from a bank then I file for bankruptcy before the loan is paid off, ... A: This is a very interesting question. I believe the deciding issue is whether or not your employer ... | ||
| Stay Lifted | 12/2/2011 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: What can one do when the judge grants a lift to stay motion on real estate? I would like to appeal, ... A: Something that drives me crazy is when lawyers fail to explain things to their own clients! I ... | ||
| Chap 7 | 12/2/2011 | Michael T. Hertz |
| Q: I'm in California and will be filing Chap 7 before this year is over. I had a rental property ... A: You have a difficult situation, and I am not sure that I can help because the foreclosure has taken ... | ||
| Trust Interset in LLC ownership | 11/29/2011 | Mark J. Markus- California Bankruptcy Attorney |
| Q: If a California resident files BK with ownership in a California LLC listed as an asset, what are ... A: I'm not sure what "trust" you are referring to. Assuming you instead are asking about the Trustee ... | ||
| Federal Tax Return after Bankruptcy discharge | 11/24/2011 | Mark J. Markus- California Bankruptcy Attorney |
| Q: We recently received a chapter 7 discharge, my question when we file taxes will our return be taken? ... A: I assume you mean refund, not return. Tax returns are documents and you are required to provide the ... | ||
| Iowa Chapter 7 Bankruptcy - Creditor cashing check | 11/21/2011 | Bankruptcy Services |
| Q: Mark Thank you for being there to help. I filed bankruptcy May 5th, 2011, the creditor's ... A: As you said, the bankruptcy discharged the remaining balance that was owed - However, that does ... | ||
| My landlord is filing bankruptcy | 11/16/2011 | Michael T. Hertz |
| Q: I got a letter in the mail stating i need to start sending my rental payments to a bankruptcy ... A: Basically, the trustee through the bankruptcy estate is the property owner and the landlord is just ... | ||
| Chap 7 | 11/12/2011 | Michael T. Hertz |
| Q: I'm in California and will be filing Chap 7 before this year is over. I had a rental property ... A: You can keep the property if the equity amount is less than the amount you can exempt. Keeping the ... | ||
| car after bankruptcy | 11/8/2011 | Mark J. Markus- California Bankruptcy Attorney |
| Q: i recently had a bankruptcy discharged, i did not include a car i own in the bankruptcy because my ... A: Yes, the cosigner is liable for the payments on the vehicle regardless of what you do. Thus, if the ... | ||
| ch. 7 bk | 11/7/2011 | Bankruptcy Services |
| Q: In 2008 I filed for ch. 7 BK & it was Fully charged off./ discharged in June 08.. All vehicles & ... A: You can do better than just file a defense of limitations, whatever that may be. In this case, you ... | ||
| City BK | 11/6/2011 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: I am wondering if I get a tax lien and the city goes bankrupt, what will happen to the money I am ... A: I am going to assume this is a situation where you are the purchasor from a city of a tax lien that ... | ||
| City BK | 11/6/2011 | LEE HORNER |
| Q: I am wondering if I get a tax lien and the sity goes bankrupt, what will happen to the money I am ... A: I don't see how you can get a tax lien against a city unless you're a governmental agency; so can ... | ||
| City BK | 11/6/2011 | Terry Leeders |
| Q: I am wondering if I get a tax lien and the sity goes bankrupt, what will happen to the money I am ... A: Are you owed taxes? Or do you owe taxes? Debts owed to a city are still collectible, businesses ... | ||
| Chapter 7 Bankruptcy New Jersey - rights of creditor | 11/3/2011 | Brian V. Lee, Esq. |
| Q: If a loan was obtained by "theft by deception" with regard to terms, and the debtor who obtained the ... A: Attend the Meeting of Creditors in the Chapter 7 bankruptcy. You will have limited--but ... | ||
| re: bankruptcy trustee fees | 11/2/2011 | LEE HORNER |
| Q: I want to buy a house on a bankruptcy sale in WA. The listing agent says the buyer should pay the ... A: I would positively absolutely under no conditions whatsoever agree to that "addendum" and I'd be ... | ||
| re: bankruptcy trustee fees | 11/2/2011 | LEE HORNER |
| Q: I want to buy a house on a bankruptcy sale in WA. The listing agent says the buyer should pay the ... A: You are free to offer whatever you want to pay and I would NOT agree to pay these fees if it was my ... | ||
| Chap 7 | 10/30/2011 | Michael T. Hertz |
| Q: I'm in California and will be filing Chap 7 before this year is over. I had a rental property ... A: I assume that the property was in California and that the foreclosure was by a standard deed of ... | ||
| Selling Home after Chapter 7 discharge. | 10/27/2011 | Bankruptcy Services |
| Q: I filed for chapter 7 bankruptcy in Texas and it was discharged in January of 2009. After the ... A: Without actually seeing the filings, anyone that answers your question should be hesitant to say ... | ||
| BK disclosures | 10/26/2011 | Michael T. Hertz |
| Q: In a non community property state, will I have to disclose my wifes sole savings/checking accounts ... A: I am a California lawyer (which has community property), so normally this issue doesn't come up. ... | ||
| Ch 7 disclosures | 10/26/2011 | Terry Leeders |
| Q: In a non community property state, will I have to disclose my wifes sole savings/checking accounts ... A: Yes. The means test requires disclosure of all household income. You would list her income for the ... | ||
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Bankruptcy Law
Answers by Expert:
Michael T. Hertz
Top Expert on this page
Expertise
I am already listed as a volunteer under "Collections Law," but actually I am a bankruptcy lawyer. I am a member of bar in California and in Massachusetts and have practiced in bankruptcy since 1978 and have also taught bankruptcy law at the law school level (in Maine and Oregon). I can answers questions with respect to all bankruptcy chapters, having represented creditors, debtors, trustees, creditors committees, and persons involved in defending actions in bankruptcy court.
Experience
See above. Basically, 33 years of experience.
Organizations
inactive member of State Bar of California; inactive member of bar in Massachusetts; former member of bar in Maine; former conseil juridique in France.
Publications
California Bankruptcy Law Review; Georgetown Law Journal; numerous others. See my resume.
Education/Credentials
Harvard Law School, J.D.; Pomona College, B.A.
Awards and Honors
Superlawyer in Northern California, 2005 and 2006
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